Rep. Michael J. Zalewski
Filed: 10/21/2013
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1 | AMENDMENT TO SENATE BILL 1496
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2 | AMENDMENT NO. ______. Amend Senate Bill 1496, AS AMENDED, | ||||||
3 | by replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Regulatory Sunset Act is amended by | ||||||
6 | changing Section 4.24 as follows:
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7 | (5 ILCS 80/4.24)
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8 | Sec. 4.24. Act Acts repealed on December 31 January 1 , | ||||||
9 | 2014. The following Act is
Acts are repealed
on December 31 | ||||||
10 | January 1 , 2014:
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11 | The Medical Practice Act of 1987.
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12 | (Source: P.A. 97-1139, eff. 12-28-12; 98-140, eff. 12-31-13; | ||||||
13 | 98-253, eff. 8-9-13; 98-254, eff. 8-9-13; 98-264, eff. | ||||||
14 | 12-31-13; 98-339, eff. 12-31-13; 98-363, eff. 8-16-13; 98-364, | ||||||
15 | eff. 12-31-13; 98-445, eff. 12-31-13; revised 8-27-13.)
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1 | (5 ILCS 80/4.23 rep.) | ||||||
2 | Section 7. The Regulatory Sunset Act is amended by | ||||||
3 | repealing Section 4.23. | ||||||
4 | Section 10. The Medical Practice Act of 1987 is amended by | ||||||
5 | by adding Section 9.3 and changing Sections 22 and 23 as | ||||||
6 | follows: | ||||||
7 | (225 ILCS 60/9.3 new) | ||||||
8 | Sec. 9.3. Withdrawal of application. Any applicant | ||||||
9 | applying for a license or permit under this Act may withdraw | ||||||
10 | his or her application at any time. If an applicant withdraws | ||||||
11 | his or her application after receipt of a written Notice of | ||||||
12 | Intent to Deny License or Permit, then the withdrawal shall be | ||||||
13 | reported to the Federation of State Medical Boards.
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14 | (225 ILCS 60/22) (from Ch. 111, par. 4400-22)
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15 | (Section scheduled to be repealed on December 31, 2013)
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16 | Sec. 22. Disciplinary action.
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17 | (A) The Department may revoke, suspend, place on probation, | ||||||
18 | reprimand, refuse to issue or renew, or take any other | ||||||
19 | disciplinary or non-disciplinary action as the Department may | ||||||
20 | deem proper
with regard to the license or permit of any person | ||||||
21 | issued
under this Act to practice medicine, or a chiropractic | ||||||
22 | physician, including imposing fines not to exceed $10,000 for | ||||||
23 | each violation, upon any of the following grounds:
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1 | (1) Performance of an elective abortion in any place, | ||||||
2 | locale,
facility, or
institution other than:
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3 | (a) a facility licensed pursuant to the Ambulatory | ||||||
4 | Surgical Treatment
Center Act;
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5 | (b) an institution licensed under the Hospital | ||||||
6 | Licensing Act;
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7 | (c) an ambulatory surgical treatment center or | ||||||
8 | hospitalization or care
facility maintained by the | ||||||
9 | State or any agency thereof, where such department
or | ||||||
10 | agency has authority under law to establish and enforce | ||||||
11 | standards for the
ambulatory surgical treatment | ||||||
12 | centers, hospitalization, or care facilities
under its | ||||||
13 | management and control;
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14 | (d) ambulatory surgical treatment centers, | ||||||
15 | hospitalization or care
facilities maintained by the | ||||||
16 | Federal Government; or
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17 | (e) ambulatory surgical treatment centers, | ||||||
18 | hospitalization or care
facilities maintained by any | ||||||
19 | university or college established under the laws
of | ||||||
20 | this State and supported principally by public funds | ||||||
21 | raised by
taxation.
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22 | (2) Performance of an abortion procedure in a wilful | ||||||
23 | and wanton
manner on a
woman who was not pregnant at the | ||||||
24 | time the abortion procedure was
performed.
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25 | (3) A plea of guilty or nolo contendere, finding of | ||||||
26 | guilt, jury verdict, or entry of judgment or sentencing, |
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1 | including, but not limited to, convictions, preceding | ||||||
2 | sentences of supervision, conditional discharge, or first | ||||||
3 | offender probation, under the laws of any jurisdiction of | ||||||
4 | the United States of any crime that is a felony.
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5 | (4) Gross negligence in practice under this Act.
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6 | (5) Engaging in dishonorable, unethical or | ||||||
7 | unprofessional
conduct of a
character likely to deceive, | ||||||
8 | defraud or harm the public.
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9 | (6) Obtaining any fee by fraud, deceit, or
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10 | misrepresentation.
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11 | (7) Habitual or excessive use or abuse of drugs defined | ||||||
12 | in law
as
controlled substances, of alcohol, or of any | ||||||
13 | other substances which results in
the inability to practice | ||||||
14 | with reasonable judgment, skill or safety.
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15 | (8) Practicing under a false or, except as provided by | ||||||
16 | law, an
assumed
name.
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17 | (9) Fraud or misrepresentation in applying for, or | ||||||
18 | procuring, a
license
under this Act or in connection with | ||||||
19 | applying for renewal of a license under
this Act.
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20 | (10) Making a false or misleading statement regarding | ||||||
21 | their
skill or the
efficacy or value of the medicine, | ||||||
22 | treatment, or remedy prescribed by them at
their direction | ||||||
23 | in the treatment of any disease or other condition of the | ||||||
24 | body
or mind.
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25 | (11) Allowing another person or organization to use | ||||||
26 | their
license, procured
under this Act, to practice.
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1 | (12) Disciplinary action of another state or | ||||||
2 | jurisdiction
against a license
or other authorization to | ||||||
3 | practice as a medical doctor, doctor of osteopathy,
doctor | ||||||
4 | of osteopathic medicine or
doctor of chiropractic, a | ||||||
5 | certified copy of the record of the action taken by
the | ||||||
6 | other state or jurisdiction being prima facie evidence | ||||||
7 | thereof.
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8 | (13) Violation of any provision of this Act or of the | ||||||
9 | Medical
Practice Act
prior to the repeal of that Act, or | ||||||
10 | violation of the rules, or a final
administrative action of | ||||||
11 | the Secretary, after consideration of the
recommendation | ||||||
12 | of the Disciplinary Board.
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13 | (14) Violation of the prohibition against fee | ||||||
14 | splitting in Section 22.2 of this Act.
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15 | (15) A finding by the Disciplinary Board that the
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16 | registrant after
having his or her license placed on | ||||||
17 | probationary status or subjected to
conditions or | ||||||
18 | restrictions violated the terms of the probation or failed | ||||||
19 | to
comply with such terms or conditions.
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20 | (16) Abandonment of a patient.
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21 | (17) Prescribing, selling, administering, | ||||||
22 | distributing, giving
or
self-administering any drug | ||||||
23 | classified as a controlled substance (designated
product) | ||||||
24 | or narcotic for other than medically accepted therapeutic
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25 | purposes.
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26 | (18) Promotion of the sale of drugs, devices, |
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1 | appliances or
goods provided
for a patient in such manner | ||||||
2 | as to exploit the patient for financial gain of
the | ||||||
3 | physician.
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4 | (19) Offering, undertaking or agreeing to cure or treat
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5 | disease by a secret
method, procedure, treatment or | ||||||
6 | medicine, or the treating, operating or
prescribing for any | ||||||
7 | human condition by a method, means or procedure which the
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8 | licensee refuses to divulge upon demand of the Department.
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9 | (20) Immoral conduct in the commission of any act | ||||||
10 | including,
but not limited to, commission of an act of | ||||||
11 | sexual misconduct related to the
licensee's
practice.
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12 | (21) Wilfully making or filing false records or reports | ||||||
13 | in his
or her
practice as a physician, including, but not | ||||||
14 | limited to, false records to
support claims against the | ||||||
15 | medical assistance program of the Department of Healthcare | ||||||
16 | and Family Services (formerly Department of
Public Aid)
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17 | under the Illinois Public Aid Code.
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18 | (22) Wilful omission to file or record, or wilfully | ||||||
19 | impeding
the filing or
recording, or inducing another | ||||||
20 | person to omit to file or record, medical
reports as | ||||||
21 | required by law, or wilfully failing to report an instance | ||||||
22 | of
suspected abuse or neglect as required by law.
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23 | (23) Being named as a perpetrator in an indicated | ||||||
24 | report by
the Department
of Children and Family Services | ||||||
25 | under the Abused and Neglected Child Reporting
Act, and | ||||||
26 | upon proof by clear and convincing evidence that the |
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1 | licensee has
caused a child to be an abused child or | ||||||
2 | neglected child as defined in the
Abused and Neglected | ||||||
3 | Child Reporting Act.
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4 | (24) Solicitation of professional patronage by any
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5 | corporation, agents or
persons, or profiting from those | ||||||
6 | representing themselves to be agents of the
licensee.
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7 | (25) Gross and wilful and continued overcharging for
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8 | professional services,
including filing false statements | ||||||
9 | for collection of fees for which services are
not rendered, | ||||||
10 | including, but not limited to, filing such false statements | ||||||
11 | for
collection of monies for services not rendered from the | ||||||
12 | medical assistance
program of the Department of Healthcare | ||||||
13 | and Family Services (formerly Department of Public Aid)
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14 | under the Illinois Public Aid
Code.
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15 | (26) A pattern of practice or other behavior which
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16 | demonstrates
incapacity
or incompetence to practice under | ||||||
17 | this Act.
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18 | (27) Mental illness or disability which results in the
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19 | inability to
practice under this Act with reasonable | ||||||
20 | judgment, skill or safety.
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21 | (28) Physical illness, including, but not limited to,
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22 | deterioration through
the aging process, or loss of motor | ||||||
23 | skill which results in a physician's
inability to practice | ||||||
24 | under this Act with reasonable judgment, skill or
safety.
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25 | (29) Cheating on or attempt to subvert the licensing
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26 | examinations
administered under this Act.
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1 | (30) Wilfully or negligently violating the | ||||||
2 | confidentiality
between
physician and patient except as | ||||||
3 | required by law.
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4 | (31) The use of any false, fraudulent, or deceptive | ||||||
5 | statement
in any
document connected with practice under | ||||||
6 | this Act.
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7 | (32) Aiding and abetting an individual not licensed | ||||||
8 | under this
Act in the
practice of a profession licensed | ||||||
9 | under this Act.
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10 | (33) Violating state or federal laws or regulations | ||||||
11 | relating
to controlled
substances, legend
drugs, or | ||||||
12 | ephedra as defined in the Ephedra Prohibition Act.
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13 | (34) Failure to report to the Department any adverse | ||||||
14 | final
action taken
against them by another licensing | ||||||
15 | jurisdiction (any other state or any
territory of the | ||||||
16 | United States or any foreign state or country), by any peer
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17 | review body, by any health care institution, by any | ||||||
18 | professional society or
association related to practice | ||||||
19 | under this Act, by any governmental agency, by
any law | ||||||
20 | enforcement agency, or by any court for acts or conduct | ||||||
21 | similar to acts
or conduct which would constitute grounds | ||||||
22 | for action as defined in this
Section.
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23 | (35) Failure to report to the Department surrender of a
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24 | license or
authorization to practice as a medical doctor, a | ||||||
25 | doctor of osteopathy, a
doctor of osteopathic medicine, or | ||||||
26 | doctor
of chiropractic in another state or jurisdiction, or |
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1 | surrender of membership on
any medical staff or in any | ||||||
2 | medical or professional association or society,
while | ||||||
3 | under disciplinary investigation by any of those | ||||||
4 | authorities or bodies,
for acts or conduct similar to acts | ||||||
5 | or conduct which would constitute grounds
for action as | ||||||
6 | defined in this Section.
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7 | (36) Failure to report to the Department any adverse | ||||||
8 | judgment,
settlement,
or award arising from a liability | ||||||
9 | claim related to acts or conduct similar to
acts or conduct | ||||||
10 | which would constitute grounds for action as defined in | ||||||
11 | this
Section.
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12 | (37) Failure to provide copies of medical records as | ||||||
13 | required
by law.
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14 | (38) Failure to furnish the Department, its | ||||||
15 | investigators or
representatives, relevant information, | ||||||
16 | legally requested by the Department
after consultation | ||||||
17 | with the Chief Medical Coordinator or the Deputy Medical
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18 | Coordinator.
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19 | (39) Violating the Health Care Worker Self-Referral
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20 | Act.
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21 | (40) Willful failure to provide notice when notice is | ||||||
22 | required
under the
Parental Notice of Abortion Act of 1995.
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23 | (41) Failure to establish and maintain records of | ||||||
24 | patient care and
treatment as required by this law.
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25 | (42) Entering into an excessive number of written | ||||||
26 | collaborative
agreements with licensed advanced practice |
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1 | nurses resulting in an inability to
adequately | ||||||
2 | collaborate.
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3 | (43) Repeated failure to adequately collaborate with a | ||||||
4 | licensed advanced practice nurse. | ||||||
5 | (44) Violating the Compassionate Use of Medical | ||||||
6 | Cannabis Pilot Program Act.
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7 | Except
for actions involving the ground numbered (26), all | ||||||
8 | proceedings to suspend,
revoke, place on probationary status, | ||||||
9 | or take any
other disciplinary action as the Department may | ||||||
10 | deem proper, with regard to a
license on any of the foregoing | ||||||
11 | grounds, must be commenced within 5 years next
after receipt by | ||||||
12 | the Department of a complaint alleging the commission of or
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13 | notice of the conviction order for any of the acts described | ||||||
14 | herein. Except
for the grounds numbered (8), (9), (26), and | ||||||
15 | (29), no action shall be commenced more
than 10 years after the | ||||||
16 | date of the incident or act alleged to have violated
this | ||||||
17 | Section. For actions involving the ground numbered (26), a | ||||||
18 | pattern of practice or other behavior includes all incidents | ||||||
19 | alleged to be part of the pattern of practice or other behavior | ||||||
20 | that occurred, or a report pursuant to Section 23 of this Act | ||||||
21 | received, within the 10-year period preceding the filing of the | ||||||
22 | complaint. In the event of the settlement of any claim or cause | ||||||
23 | of action
in favor of the claimant or the reduction to final | ||||||
24 | judgment of any civil action
in favor of the plaintiff, such | ||||||
25 | claim, cause of action or civil action being
grounded on the | ||||||
26 | allegation that a person licensed under this Act was negligent
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1 | in providing care, the Department shall have an additional | ||||||
2 | period of 2 years
from the date of notification to the | ||||||
3 | Department under Section 23 of this Act
of such settlement or | ||||||
4 | final judgment in which to investigate and
commence formal | ||||||
5 | disciplinary proceedings under Section 36 of this Act, except
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6 | as otherwise provided by law. The time during which the holder | ||||||
7 | of the license
was outside the State of Illinois shall not be | ||||||
8 | included within any period of
time limiting the commencement of | ||||||
9 | disciplinary action by the Department.
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10 | The entry of an order or judgment by any circuit court | ||||||
11 | establishing that any
person holding a license under this Act | ||||||
12 | is a person in need of mental treatment
operates as a | ||||||
13 | suspension of that license. That person may resume their
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14 | practice only upon the entry of a Departmental order based upon | ||||||
15 | a finding by
the Disciplinary Board that they have been | ||||||
16 | determined to be recovered
from mental illness by the court and | ||||||
17 | upon the Disciplinary Board's
recommendation that they be | ||||||
18 | permitted to resume their practice.
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19 | The Department may refuse to issue or take disciplinary | ||||||
20 | action concerning the license of any person
who fails to file a | ||||||
21 | return, or to pay the tax, penalty or interest shown in a
filed | ||||||
22 | return, or to pay any final assessment of tax, penalty or | ||||||
23 | interest, as
required by any tax Act administered by the | ||||||
24 | Illinois Department of Revenue,
until such time as the | ||||||
25 | requirements of any such tax Act are satisfied as
determined by | ||||||
26 | the Illinois Department of Revenue.
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1 | The Department, upon the recommendation of the | ||||||
2 | Disciplinary Board, shall
adopt rules which set forth standards | ||||||
3 | to be used in determining:
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4 | (a) when a person will be deemed sufficiently | ||||||
5 | rehabilitated to warrant the
public trust;
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6 | (b) what constitutes dishonorable, unethical or | ||||||
7 | unprofessional conduct of
a character likely to deceive, | ||||||
8 | defraud, or harm the public;
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9 | (c) what constitutes immoral conduct in the commission | ||||||
10 | of any act,
including, but not limited to, commission of an | ||||||
11 | act of sexual misconduct
related
to the licensee's | ||||||
12 | practice; and
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13 | (d) what constitutes gross negligence in the practice | ||||||
14 | of medicine.
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15 | However, no such rule shall be admissible into evidence in | ||||||
16 | any civil action
except for review of a licensing or other | ||||||
17 | disciplinary action under this Act.
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18 | In enforcing this Section, the Disciplinary Board or the | ||||||
19 | Licensing Board,
upon a showing of a possible violation, may | ||||||
20 | compel, in the case of the Disciplinary Board, any individual | ||||||
21 | who is licensed to
practice under this Act or holds a permit to | ||||||
22 | practice under this Act, or, in the case of the Licensing | ||||||
23 | Board, any individual who has applied for licensure or a permit
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24 | pursuant to this Act, to submit to a mental or physical | ||||||
25 | examination and evaluation, or both,
which may include a | ||||||
26 | substance abuse or sexual offender evaluation, as required by |
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1 | the Licensing Board or Disciplinary Board and at the expense of | ||||||
2 | the Department. The Disciplinary Board or Licensing Board shall | ||||||
3 | specifically designate the examining physician licensed to | ||||||
4 | practice medicine in all of its branches or, if applicable, the | ||||||
5 | multidisciplinary team involved in providing the mental or | ||||||
6 | physical examination and evaluation, or both. The | ||||||
7 | multidisciplinary team shall be led by a physician licensed to | ||||||
8 | practice medicine in all of its branches and may consist of one | ||||||
9 | or more or a combination of physicians licensed to practice | ||||||
10 | medicine in all of its branches, licensed chiropractic | ||||||
11 | physicians, licensed clinical psychologists, licensed clinical | ||||||
12 | social workers, licensed clinical professional counselors, and | ||||||
13 | other professional and administrative staff. Any examining | ||||||
14 | physician or member of the multidisciplinary team may require | ||||||
15 | any person ordered to submit to an examination and evaluation | ||||||
16 | pursuant to this Section to submit to any additional | ||||||
17 | supplemental testing deemed necessary to complete any | ||||||
18 | examination or evaluation process, including, but not limited | ||||||
19 | to, blood testing, urinalysis, psychological testing, or | ||||||
20 | neuropsychological testing.
The Disciplinary Board, the | ||||||
21 | Licensing Board, or the Department may order the examining
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22 | physician or any member of the multidisciplinary team to | ||||||
23 | provide to the Department, the Disciplinary Board, or the | ||||||
24 | Licensing Board any and all records, including business | ||||||
25 | records, that relate to the examination and evaluation, | ||||||
26 | including any supplemental testing performed. The Disciplinary |
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1 | Board, the Licensing Board, or the Department may order the | ||||||
2 | examining physician or any member of the multidisciplinary team | ||||||
3 | to present testimony concerning this examination
and | ||||||
4 | evaluation of the licensee, permit holder, or applicant, | ||||||
5 | including testimony concerning any supplemental testing or | ||||||
6 | documents relating to the examination and evaluation. No | ||||||
7 | information, report, record, or other documents in any way | ||||||
8 | related to the examination and evaluation shall be excluded by | ||||||
9 | reason of
any common
law or statutory privilege relating to | ||||||
10 | communication between the licensee or
applicant and
the | ||||||
11 | examining physician or any member of the multidisciplinary | ||||||
12 | team.
No authorization is necessary from the licensee, permit | ||||||
13 | holder, or applicant ordered to undergo an evaluation and | ||||||
14 | examination for the examining physician or any member of the | ||||||
15 | multidisciplinary team to provide information, reports, | ||||||
16 | records, or other documents or to provide any testimony | ||||||
17 | regarding the examination and evaluation. The individual to be | ||||||
18 | examined may have, at his or her own expense, another
physician | ||||||
19 | of his or her choice present during all aspects of the | ||||||
20 | examination.
Failure of any individual to submit to mental or | ||||||
21 | physical examination and evaluation, or both, when
directed, | ||||||
22 | shall result in an automatic suspension, without hearing, until | ||||||
23 | such time
as the individual submits to the examination. If the | ||||||
24 | Disciplinary Board finds a physician unable
to practice because | ||||||
25 | of the reasons set forth in this Section, the Disciplinary
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26 | Board shall require such physician to submit to care, |
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1 | counseling, or treatment
by physicians approved or designated | ||||||
2 | by the Disciplinary Board, as a condition
for continued, | ||||||
3 | reinstated, or renewed licensure to practice. Any physician,
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4 | whose license was granted pursuant to Sections 9, 17, or 19 of | ||||||
5 | this Act, or,
continued, reinstated, renewed, disciplined or | ||||||
6 | supervised, subject to such
terms, conditions or restrictions | ||||||
7 | who shall fail to comply with such terms,
conditions or | ||||||
8 | restrictions, or to complete a required program of care,
| ||||||
9 | counseling, or treatment, as determined by the Chief Medical | ||||||
10 | Coordinator or
Deputy Medical Coordinators, shall be referred | ||||||
11 | to the Secretary for a
determination as to whether the licensee | ||||||
12 | shall have their license suspended
immediately, pending a | ||||||
13 | hearing by the Disciplinary Board. In instances in
which the | ||||||
14 | Secretary immediately suspends a license under this Section, a | ||||||
15 | hearing
upon such person's license must be convened by the | ||||||
16 | Disciplinary Board within 15
days after such suspension and | ||||||
17 | completed without appreciable delay. The
Disciplinary Board | ||||||
18 | shall have the authority to review the subject physician's
| ||||||
19 | record of treatment and counseling regarding the impairment, to | ||||||
20 | the extent
permitted by applicable federal statutes and | ||||||
21 | regulations safeguarding the
confidentiality of medical | ||||||
22 | records.
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23 | An individual licensed under this Act, affected under this | ||||||
24 | Section, shall be
afforded an opportunity to demonstrate to the | ||||||
25 | Disciplinary Board that they can
resume practice in compliance | ||||||
26 | with acceptable and prevailing standards under
the provisions |
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| |||||||
1 | of their license.
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2 | The Department may promulgate rules for the imposition of | ||||||
3 | fines in
disciplinary cases, not to exceed
$10,000 for each | ||||||
4 | violation of this Act. Fines
may be imposed in conjunction with | ||||||
5 | other forms of disciplinary action, but
shall not be the | ||||||
6 | exclusive disposition of any disciplinary action arising out
of | ||||||
7 | conduct resulting in death or injury to a patient. Any funds | ||||||
8 | collected from
such fines shall be deposited in the Medical | ||||||
9 | Disciplinary Fund.
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10 | All fines imposed under this Section shall be paid within | ||||||
11 | 60 days after the effective date of the order imposing the fine | ||||||
12 | or in accordance with the terms set forth in the order imposing | ||||||
13 | the fine. | ||||||
14 | (B) The Department shall revoke the license or
permit | ||||||
15 | issued under this Act to practice medicine or a chiropractic | ||||||
16 | physician who
has been convicted a second time of committing | ||||||
17 | any felony under the
Illinois Controlled Substances Act or the | ||||||
18 | Methamphetamine Control and Community Protection Act, or who | ||||||
19 | has been convicted a second time of
committing a Class 1 felony | ||||||
20 | under Sections 8A-3 and 8A-6 of the Illinois Public
Aid Code. A | ||||||
21 | person whose license or permit is revoked
under
this subsection | ||||||
22 | B shall be prohibited from practicing
medicine or treating | ||||||
23 | human ailments without the use of drugs and without
operative | ||||||
24 | surgery.
| ||||||
25 | (C) The Disciplinary Board shall recommend to the
| ||||||
26 | Department civil
penalties and any other appropriate |
| |||||||
| |||||||
1 | discipline in disciplinary cases when the
Board finds that a | ||||||
2 | physician willfully performed an abortion with actual
| ||||||
3 | knowledge that the person upon whom the abortion has been | ||||||
4 | performed is a minor
or an incompetent person without notice as | ||||||
5 | required under the Parental Notice
of Abortion Act of 1995. | ||||||
6 | Upon the Board's recommendation, the Department shall
impose, | ||||||
7 | for the first violation, a civil penalty of $1,000 and for a | ||||||
8 | second or
subsequent violation, a civil penalty of $5,000.
| ||||||
9 | (Source: P.A. 96-608, eff. 8-24-09; 96-1000, eff. 7-2-10; | ||||||
10 | 97-622, eff. 11-23-11 .)
| ||||||
11 | (225 ILCS 60/23) (from Ch. 111, par. 4400-23)
| ||||||
12 | (Section scheduled to be repealed on December 31, 2013)
| ||||||
13 | Sec. 23. Reports relating to professional conduct
and | ||||||
14 | capacity. | ||||||
15 | (A) Entities required to report.
| ||||||
16 | (1) Health care institutions. The chief administrator
| ||||||
17 | or executive officer of any health care institution | ||||||
18 | licensed
by the Illinois Department of Public Health shall | ||||||
19 | report to
the Disciplinary Board when any person's clinical | ||||||
20 | privileges
are terminated or are restricted based on a | ||||||
21 | final
determination made in accordance with that | ||||||
22 | institution's by-laws
or rules and regulations that a | ||||||
23 | person has either committed
an act or acts which may | ||||||
24 | directly threaten patient care or that a person may be | ||||||
25 | mentally or
physically disabled in such a manner as to |
| |||||||
| |||||||
1 | endanger patients
under that person's care. Such officer | ||||||
2 | also shall report if
a person accepts voluntary termination | ||||||
3 | or restriction of
clinical privileges in lieu of formal | ||||||
4 | action based upon conduct related
directly to patient care | ||||||
5 | or in lieu of formal action
seeking to determine whether a | ||||||
6 | person may be mentally or
physically disabled in such a | ||||||
7 | manner as to endanger patients
under that person's care. | ||||||
8 | The Disciplinary Board
shall, by rule, provide for the | ||||||
9 | reporting to it by health care institutions of all
| ||||||
10 | instances in which a person, licensed under this Act, who | ||||||
11 | is
impaired by reason of age, drug or alcohol abuse or | ||||||
12 | physical
or mental impairment, is under supervision and, | ||||||
13 | where
appropriate, is in a program of rehabilitation. Such
| ||||||
14 | reports shall be strictly confidential and may be reviewed
| ||||||
15 | and considered only by the members of the Disciplinary
| ||||||
16 | Board, or by authorized staff as provided by rules of the
| ||||||
17 | Disciplinary Board. Provisions shall be made for the
| ||||||
18 | periodic report of the status of any such person not less
| ||||||
19 | than twice annually in order that the Disciplinary Board
| ||||||
20 | shall have current information upon which to determine the
| ||||||
21 | status of any such person. Such initial and periodic
| ||||||
22 | reports of impaired physicians shall not be considered
| ||||||
23 | records within the meaning of The State Records Act and
| ||||||
24 | shall be disposed of, following a determination by the
| ||||||
25 | Disciplinary Board that such reports are no longer | ||||||
26 | required,
in a manner and at such time as the Disciplinary |
| |||||||
| |||||||
1 | Board shall
determine by rule. The filing of such reports | ||||||
2 | shall be
construed as the filing of a report for purposes | ||||||
3 | of
subsection (C) of this Section.
| ||||||
4 | (1.5) Clinical training programs. The program director | ||||||
5 | of any post-graduate clinical training program shall | ||||||
6 | report to the Disciplinary Board if a person engaged in a | ||||||
7 | post-graduate clinical training program at the | ||||||
8 | institution, including, but not limited to, a residency or | ||||||
9 | fellowship, separates from the program for any reason prior | ||||||
10 | to its conclusion. The program director shall provide all | ||||||
11 | documentation relating to the separation if, after review | ||||||
12 | of the report, the Disciplinary Board determines that a | ||||||
13 | review of those documents is necessary to determine whether | ||||||
14 | a violation of this Act occurred.
| ||||||
15 | (2) Professional associations. The President or chief
| ||||||
16 | executive officer of any association or society, of persons
| ||||||
17 | licensed under this Act, operating within this State shall
| ||||||
18 | report to the Disciplinary Board when the association or
| ||||||
19 | society renders a final determination that a person has
| ||||||
20 | committed unprofessional conduct related directly to | ||||||
21 | patient
care or that a person may be mentally or physically | ||||||
22 | disabled
in such a manner as to endanger patients under | ||||||
23 | that person's
care.
| ||||||
24 | (3) Professional liability insurers. Every insurance
| ||||||
25 | company which offers policies of professional liability
| ||||||
26 | insurance to persons licensed under this Act, or any other
|
| |||||||
| |||||||
1 | entity which seeks to indemnify the professional liability
| ||||||
2 | of a person licensed under this Act, shall report to the
| ||||||
3 | Disciplinary Board the settlement of any claim or cause of
| ||||||
4 | action, or final judgment rendered in any cause of action,
| ||||||
5 | which alleged negligence in the furnishing of medical care
| ||||||
6 | by such licensed person when such settlement or final
| ||||||
7 | judgment is in favor of the plaintiff.
| ||||||
8 | (4) State's Attorneys. The State's Attorney of each
| ||||||
9 | county shall report to the Disciplinary Board, within 5 | ||||||
10 | days, any instances
in which a person licensed under this | ||||||
11 | Act is convicted of any felony or Class A misdemeanor. The | ||||||
12 | State's Attorney
of each county may report to the | ||||||
13 | Disciplinary Board through a verified
complaint any | ||||||
14 | instance in which the State's Attorney believes that a | ||||||
15 | physician
has willfully violated the notice requirements | ||||||
16 | of the Parental Notice of
Abortion Act of 1995.
| ||||||
17 | (5) State agencies. All agencies, boards,
commissions, | ||||||
18 | departments, or other instrumentalities of the
government | ||||||
19 | of the State of Illinois shall report to the
Disciplinary | ||||||
20 | Board any instance arising in connection with
the | ||||||
21 | operations of such agency, including the administration
of | ||||||
22 | any law by such agency, in which a person licensed under
| ||||||
23 | this Act has either committed an act or acts which may be a
| ||||||
24 | violation of this Act or which may constitute | ||||||
25 | unprofessional
conduct related directly to patient care or | ||||||
26 | which indicates
that a person licensed under this Act may |
| |||||||
| |||||||
1 | be mentally or
physically disabled in such a manner as to | ||||||
2 | endanger patients
under that person's care.
| ||||||
3 | (B) Mandatory reporting. All reports required by items | ||||||
4 | (34), (35), and
(36) of subsection (A) of Section 22 and by | ||||||
5 | Section 23 shall be submitted to the Disciplinary Board in a | ||||||
6 | timely
fashion. Unless otherwise provided in this Section, the | ||||||
7 | reports shall be filed in writing within 60
days after a | ||||||
8 | determination that a report is required under
this Act. All | ||||||
9 | reports shall contain the following
information:
| ||||||
10 | (1) The name, address and telephone number of the
| ||||||
11 | person making the report.
| ||||||
12 | (2) The name, address and telephone number of the
| ||||||
13 | person who is the subject of the report.
| ||||||
14 | (3) The name and date of birth of any
patient or | ||||||
15 | patients whose treatment is a subject of the
report, if | ||||||
16 | available, or other means of identification if such | ||||||
17 | information is not available, identification of the | ||||||
18 | hospital or other
healthcare facility where the care at | ||||||
19 | issue in the report was rendered,
provided, however, no | ||||||
20 | medical records may be
revealed.
| ||||||
21 | (4) A brief description of the facts which gave rise
to | ||||||
22 | the issuance of the report, including the dates of any
| ||||||
23 | occurrences deemed to necessitate the filing of the report.
| ||||||
24 | (5) If court action is involved, the identity of the
| ||||||
25 | court in which the action is filed, along with the docket
| ||||||
26 | number and date of filing of the action.
|
| |||||||
| |||||||
1 | (6) Any further pertinent information which the
| ||||||
2 | reporting party deems to be an aid in the evaluation of the
| ||||||
3 | report.
| ||||||
4 | The Disciplinary Board or Department may also exercise the | ||||||
5 | power under Section
38 of this Act to subpoena copies of | ||||||
6 | hospital or medical records in mandatory
report cases alleging | ||||||
7 | death or permanent bodily injury. Appropriate
rules shall be | ||||||
8 | adopted by the Department with the approval of the Disciplinary
| ||||||
9 | Board.
| ||||||
10 | When the Department has received written reports | ||||||
11 | concerning incidents
required to be reported in items (34), | ||||||
12 | (35), and (36) of subsection (A) of
Section 22, the licensee's | ||||||
13 | failure to report the incident to the Department
under those | ||||||
14 | items shall not be the sole grounds for disciplinary action.
| ||||||
15 | Nothing contained in this Section shall act to in any
way, | ||||||
16 | waive or modify the confidentiality of medical reports
and | ||||||
17 | committee reports to the extent provided by law. Any
| ||||||
18 | information reported or disclosed shall be kept for the
| ||||||
19 | confidential use of the Disciplinary Board, the Medical
| ||||||
20 | Coordinators, the Disciplinary Board's attorneys, the
medical | ||||||
21 | investigative staff, and authorized clerical staff,
as | ||||||
22 | provided in this Act, and shall be afforded the same
status as | ||||||
23 | is provided information concerning medical studies
in Part 21 | ||||||
24 | of Article VIII of the Code of Civil Procedure, except that the | ||||||
25 | Department may disclose information and documents to a federal, | ||||||
26 | State, or local law enforcement agency pursuant to a subpoena |
| |||||||
| |||||||
1 | in an ongoing criminal investigation or to a health care | ||||||
2 | licensing body or medical licensing authority of this State or | ||||||
3 | another state or jurisdiction pursuant to an official request | ||||||
4 | made by that licensing body or medical licensing authority. | ||||||
5 | Furthermore, information and documents disclosed to a federal, | ||||||
6 | State, or local law enforcement agency may be used by that | ||||||
7 | agency only for the investigation and prosecution of a criminal | ||||||
8 | offense, or, in the case of disclosure to a health care | ||||||
9 | licensing body or medical licensing authority, only for | ||||||
10 | investigations and disciplinary action proceedings with regard | ||||||
11 | to a license. Information and documents disclosed to the | ||||||
12 | Department of Public Health may be used by that Department only | ||||||
13 | for investigation and disciplinary action regarding the | ||||||
14 | license of a health care institution licensed by the Department | ||||||
15 | of Public Health.
| ||||||
16 | (C) Immunity from prosecution. Any individual or
| ||||||
17 | organization acting in good faith, and not in a wilful and
| ||||||
18 | wanton manner, in complying with this Act by providing any
| ||||||
19 | report or other information to the Disciplinary Board or a peer | ||||||
20 | review committee, or
assisting in the investigation or | ||||||
21 | preparation of such
information, or by voluntarily reporting to | ||||||
22 | the Disciplinary Board
or a peer review committee information | ||||||
23 | regarding alleged errors or negligence by a person licensed | ||||||
24 | under this Act, or by participating in proceedings of the
| ||||||
25 | Disciplinary Board or a peer review committee, or by serving as | ||||||
26 | a member of the
Disciplinary Board or a peer review committee, |
| |||||||
| |||||||
1 | shall not, as a result of such actions,
be subject to criminal | ||||||
2 | prosecution or civil damages.
| ||||||
3 | (D) Indemnification. Members of the Disciplinary
Board, | ||||||
4 | the Licensing Board, the Medical Coordinators, the | ||||||
5 | Disciplinary Board's
attorneys, the medical investigative | ||||||
6 | staff, physicians
retained under contract to assist and advise | ||||||
7 | the medical
coordinators in the investigation, and authorized | ||||||
8 | clerical
staff shall be indemnified by the State for any | ||||||
9 | actions
occurring within the scope of services on the | ||||||
10 | Disciplinary
Board or Licensing Board , done in good faith and | ||||||
11 | not wilful and wanton in
nature. The Attorney General shall | ||||||
12 | defend all such actions
unless he or she determines either that | ||||||
13 | there would be a
conflict of interest in such representation or | ||||||
14 | that the
actions complained of were not in good faith or were | ||||||
15 | wilful
and wanton.
| ||||||
16 | Should the Attorney General decline representation, the
| ||||||
17 | member shall have the right to employ counsel of his or her
| ||||||
18 | choice, whose fees shall be provided by the State, after
| ||||||
19 | approval by the Attorney General, unless there is a
| ||||||
20 | determination by a court that the member's actions were not
in | ||||||
21 | good faith or were wilful and wanton.
| ||||||
22 | The member must notify the Attorney General within 7
days | ||||||
23 | of receipt of notice of the initiation of any action
involving | ||||||
24 | services of the Disciplinary Board. Failure to so
notify the | ||||||
25 | Attorney General shall constitute an absolute
waiver of the | ||||||
26 | right to a defense and indemnification.
|
| |||||||
| |||||||
1 | The Attorney General shall determine within 7 days
after | ||||||
2 | receiving such notice, whether he or she will
undertake to | ||||||
3 | represent the member.
| ||||||
4 | (E) Deliberations of Disciplinary Board. Upon the
receipt | ||||||
5 | of any report called for by this Act, other than
those reports | ||||||
6 | of impaired persons licensed under this Act
required pursuant | ||||||
7 | to the rules of the Disciplinary Board,
the Disciplinary Board | ||||||
8 | shall notify in writing, by certified
mail, the person who is | ||||||
9 | the subject of the report. Such
notification shall be made | ||||||
10 | within 30 days of receipt by the
Disciplinary Board of the | ||||||
11 | report.
| ||||||
12 | The notification shall include a written notice setting
| ||||||
13 | forth the person's right to examine the report. Included in
| ||||||
14 | such notification shall be the address at which the file is
| ||||||
15 | maintained, the name of the custodian of the reports, and
the | ||||||
16 | telephone number at which the custodian may be reached.
The | ||||||
17 | person who is the subject of the report shall submit a written | ||||||
18 | statement responding,
clarifying, adding to, or proposing the | ||||||
19 | amending of the
report previously filed. The person who is the | ||||||
20 | subject of the report shall also submit with the written | ||||||
21 | statement any medical records related to the report. The | ||||||
22 | statement and accompanying medical records shall become a
| ||||||
23 | permanent part of the file and must be received by the
| ||||||
24 | Disciplinary Board no more than
30 days after the date on
which | ||||||
25 | the person was notified by the Disciplinary Board of the | ||||||
26 | existence of
the
original report.
|
| |||||||
| |||||||
1 | The Disciplinary Board shall review all reports
received by | ||||||
2 | it, together with any supporting information and
responding | ||||||
3 | statements submitted by persons who are the
subject of reports. | ||||||
4 | The review by the Disciplinary Board
shall be in a timely | ||||||
5 | manner but in no event, shall the
Disciplinary Board's initial | ||||||
6 | review of the material
contained in each disciplinary file be | ||||||
7 | less than 61 days nor
more than 180 days after the receipt of | ||||||
8 | the initial report
by the Disciplinary Board.
| ||||||
9 | When the Disciplinary Board makes its initial review of
the | ||||||
10 | materials contained within its disciplinary files, the
| ||||||
11 | Disciplinary Board shall, in writing, make a determination
as | ||||||
12 | to whether there are sufficient facts to warrant further
| ||||||
13 | investigation or action. Failure to make such determination
| ||||||
14 | within the time provided shall be deemed to be a
determination | ||||||
15 | that there are not sufficient facts to warrant
further | ||||||
16 | investigation or action.
| ||||||
17 | Should the Disciplinary Board find that there are not
| ||||||
18 | sufficient facts to warrant further investigation, or
action, | ||||||
19 | the report shall be accepted for filing and the
matter shall be | ||||||
20 | deemed closed and so reported to the Secretary. The Secretary
| ||||||
21 | shall then have 30 days to accept the Disciplinary Board's | ||||||
22 | decision or
request further investigation. The Secretary shall | ||||||
23 | inform the Board
of the decision to request further | ||||||
24 | investigation, including the specific
reasons for the | ||||||
25 | decision. The
individual or entity filing the original report | ||||||
26 | or complaint
and the person who is the subject of the report or |
| |||||||
| |||||||
1 | complaint
shall be notified in writing by the Secretary of
any | ||||||
2 | final action on their report or complaint. The Department shall | ||||||
3 | disclose to the individual or entity who filed the original | ||||||
4 | report or complaint, on request, the status of the Disciplinary | ||||||
5 | Board's review of a specific report or complaint. Such request | ||||||
6 | may be made at any time, including prior to the Disciplinary | ||||||
7 | Board's determination as to whether there are sufficient facts | ||||||
8 | to warrant further investigation or action.
| ||||||
9 | (F) Summary reports. The Disciplinary Board shall
prepare, | ||||||
10 | on a timely basis, but in no event less than once
every other | ||||||
11 | month, a summary report of final disciplinary actions taken
| ||||||
12 | upon disciplinary files maintained by the Disciplinary Board.
| ||||||
13 | The summary reports shall be made available to the public upon | ||||||
14 | request and payment of the fees set by the Department. This | ||||||
15 | publication may be made available to the public on the | ||||||
16 | Department's website. Information or documentation relating to | ||||||
17 | any disciplinary file that is closed without disciplinary | ||||||
18 | action taken shall not be disclosed and shall be afforded the | ||||||
19 | same status as is provided by Part 21 of Article VIII of the | ||||||
20 | Code of Civil Procedure.
| ||||||
21 | (G) Any violation of this Section shall be a Class A
| ||||||
22 | misdemeanor.
| ||||||
23 | (H) If any such person violates the provisions of this
| ||||||
24 | Section an action may be brought in the name of the People
of | ||||||
25 | the State of Illinois, through the Attorney General of
the | ||||||
26 | State of Illinois, for an order enjoining such violation
or for |
| |||||||
| |||||||
1 | an order enforcing compliance with this Section.
Upon filing of | ||||||
2 | a verified petition in such court, the court
may issue a | ||||||
3 | temporary restraining order without notice or
bond and may | ||||||
4 | preliminarily or permanently enjoin such
violation, and if it | ||||||
5 | is established that such person has
violated or is violating | ||||||
6 | the injunction, the court may
punish the offender for contempt | ||||||
7 | of court. Proceedings
under this paragraph shall be in addition | ||||||
8 | to, and not in
lieu of, all other remedies and penalties | ||||||
9 | provided for by
this Section.
| ||||||
10 | (Source: P.A. 96-1372, eff. 7-29-10; P.A. 97-449, eff. 1-1-12; | ||||||
11 | 97-622, eff. 11-23-11 .)
| ||||||
12 | Section 99. Effective date. This Act takes effect December | ||||||
13 | 30, 2013.".
|